I am a resident of New Jersey and was sued in small claims court in Nebraska. I could not attend and I wrote a letter to the court and left a message with the judge informing him of this but never heard back.

The case is about a defective laptop that I bought from a company online that is located in Nebraska. I was unhappy with it and returned it via UPS. While in the custody of UPS, the laptop was stolen. UPS took responsibility and paid out $100. I could not collect the full amount because UPS stated I did not declare the value, which I had and apparently did not go through due to an error with the website.

Long story short, even though the computer company was aware that UPS conducted an investigation and took responsibility, they sued me because they stated that I was instructed in an email to insure the package. They claim this is a legal contract even though I never agreed to insure the package, attempted to insure it anyway out of common sense and was not in the custody of the laptop when it was stolen.

How to I fight this situation? The company had me served with the summons by my County Sheriff’s department here in New Jersey. In the letter I sent to the judge I did argue Personal Jurisdiction, Undue Hardship and Lack of Claim. Again, the Court never responded to my phone message with the Judge or my letter. They simply ruled against me. Furthermore, I have severe medical conditions that prevent me from traveling long distances. This is not important because I did notify the court that I could not attend on the scheduled date.

On a sie note, under Nebraska electronic business and contract law, an email is not deemed a legal contract. Nor is it under the Federal ESIGN law. Also, how could I have had a contract if I was instructed to do something but never responded in agreemant?

You have some arguments, but to use them you had to appear in court. You should have followed up with the court and offer to appear by telephone. But failure to appear means a default judgment.

So now you have to appeal the judgment on the grounds that you weren't afforded due process. You have to contact the court clerk on how to submit this appeal.

I am a resident of New Jersey and was sued in small claims court in Nebraska. I could not attend and I wrote a letter to the court and left a message with the judge informing him of this but never heard back.

The case is about a defective laptop that I bought from a company online that is located in Nebraska. I was unhappy with it and returned it via UPS. While in the custody of UPS, the laptop was stolen. UPS took responsibility and paid out $100. I could not collect the full amount because UPS stated I did not declare the value, which I had and apparently did not go through due to an error with the website.

Long story short, even though the computer company was aware that UPS conducted an investigation and took responsibility, they sued me because they stated that I was instructed in an email to insure the package. They claim this is a legal contract even though I never agreed to insure the package, attempted to insure it anyway out of common sense and was not in the custody of the laptop when it was stolen.

How to I fight this situation? The company had me served with the summons by my County Sheriff's department here in New Jersey. In the letter I sent to the judge I did argue Personal Jurisdiction, Undue Hardship and Lack of Claim. Again, the Court never responded to my phone message with the Judge or my letter. They simply ruled against me. Furthermore, I have severe medical conditions that prevent me from traveling long distances. This is not important because I did notify the court that I could not attend on the scheduled date.

On a sie note, under Nebraska electronic business and contract law, an email is not deemed a legal contract. Nor is it under the Federal ESIGN law. Also, how could I have had a contract if I was instructed to do something but never responded in agreemant?


Pay them what you owe...

You had legal possession of the item until THEY had it in their hands... thus it was your responsibility to insure it for full replacement value in case anything happened to it. This is common knowledge just like you are supposed to wear pants and shoes when you go to court (if you are a guy).

Everyone that ever mails, ships or returns anything through a third party has known this effectively forever.

You are responsible to show up on the schedualed court date... its obvious you either did not file to reschedual in time... or they rejected your request. Because you clearly never got something in writing that it wasn't going to be on that date due to a reschedualing, And changes are up to the court... not you to make determinations on..

Not showing up then falls upon you. If you can prove you was in Intensive care... or in jail... then you might have an argument but not showing up is on you because you didn't deem it important enough to make time for it is a losing argument.

Thank you Scott. That is what I will do. I am surprised that the court did not take my letter (in which I stated I was available for teleconference) into consideration.

At the end of the day I am more curious as to the lack of jurisdiction portion..

Since the court lacks any jurisdiction here in New Jersey, is this a matter that I need to attend to immediately?

In response to smoothy, the reason I could not attend was due to a medical situation, which I stated in the letter to the Judge and can easily prove.

Since the court lacks any jurisdiction here in New Jersey, is this a matter that I need to attend to immediately?

In response to smoothy, the reason I could not attend was due to a medical situation, which I stated in the letter to the Judge and can easily prove.

Document that medical emergency then... its going to help you, it's a compelling excuse, a good one.

Their court does have jurisdiction where the transaction occurred... in NE. Makes it harder to get a garnishment in NJ, but doesn't stop them from putting the entire incident on your credit history.

Fact remains... you failed to deliver a product back to them... and your responsibility for it is until their people sign for it at their end. That insurance would have covered that loss.

Hypothetically - Put it in this perspective... YOU sold a laptop to someone... you took the cheap way out and failed to insure it to them... and it never gets there... because a few bucks here and there adds up because you ship a lot of them and most get there..
DO you think you are entitled to keep their money if the shipper lost it and it wasn't insured. And they never received a product?

You won't win on the debt... you might get lucky on the court case and judgement... and get a second round.

In the end they might just report this to the credit agencies... then good luck getting a loan from anyplace... it also will effect auto insurance rates... ability to rent an apartment and many other things. Yes something like this is enough to get a loan applicatin rejected most places today. Wife's a Loan Officer... happens every day.

Even if they never get paid... the damage to your credit history will cost you far more than the value of that laptopn in other things, and like I said... many things cost more to people with poor credit or collections out on their records, not just in determining what your car insurance will be... but there types of insurance as well..

Think I'm wrong... go talk to a loan officer in your bank and ask them one day. My wife's been doing this over 15 years...

There are repercussions that extend well past this single event.

Document that medical emergency then....its going to help you, its a compelling excuse, a good one.

Their court does have jurisdiction where the transaction occurred....in NE. Makes it harder to get a garnishment in NJ, but doesn't stop them from putting the entire incident on your credit history.

Fact remains...you failed to deliver a product back to them.....and your responsibility for it is until their people sign for it at their end. That insurance would have covered that loss.

Hypothetically - Put it in this perspective.... YOU sold a laptop to someone...you took the cheap way out and failed to insure it to them...and it never gets there....because a few bucks here and there adds up because you ship a lot of them and most get there..
DO you think you are entitled to keep their money if the shipper lost it and it wasn't insured. and they never recieved a product?

You won't win on the debt....you might get lucky on the court case and judgement...and get a second round.

In the end they might just report this to the credit agencies....then good luck getting a loan from anyplace.....it also will effect auto insurance rates...ability to rent an appartment and many other things. Yes something like this is enough to get a loan applicatin rejected most places today. Wifes a Loan Officer...happens every day.

Even if they never get paid...the damage to your credit history will cost you far more than the value of that laptopn in other things, and like I said....many things cost more to people with poor credit or collections out on their records, not just in determining what your car insurance will be....but ther types of insurance as well..

Think I'm wrong...go talk to a loan officer in your bank and ask them one day. My wifes been doing this over 15 years....

There are repercussions that extend well past this single event.

You raise some excellent points that I genuinely appreciate and agree with.

What started my frustrations were with the police who were not helpful at all when I filed a complaint with them (prior to it coming to litigation and prior to UPS conducting its own investigation). The moment the computer company called me and informed me the box was damaged and the merchandise missing I went straight to my local PD. They put all of the weight on UPS to figure out where the merchandise went missing since it was lost in transit. I need to note that during the UPS investigation, they determined that the package weighed properly at the sorting facility before leaving NJ. The computer company knew this.

Adding insult to injury, I am having a hard time getting over the fact that I attempted to declare the value of the package and I did so with all good intentions, out of common sense and not due to an email. What rubbed me the wrong way was once UPS took responsibility, the computer company became quite nasty with me and started accusing me of retaining the property. I took great umbrage to the accusation and I allowed my ego to get involved. "How dare they call me a thief?!" I won a chargeback from my credit card company after UPS settled the matter and it because quite nasty with the accusatory emails from the company. To be called a thief and told I did everything wrong by the company when I feel I did everything exactly as I should made this a more personal matter for me on principal. Which is why I argue the legitimacy of any legally binding contract (which I still do not think exists).

That all said, I have become sympathetic to the situation the company is facing and I did offer to mediate the matter and take on a portion of the lost funds. The companies attorney would accept no less that an 80/20 split and I found that to be unacceptable.

Then I had a ventricular tachycardia episode that lead to an emergency cardiologist visit and in addition to that my pain management appointment needed to be shifted to the date of the hearing. I had a weeks’ notice so I immediately informed the court but obviously no response was given. I just called the court again and left a message for the judge. I do not understand why my letter and calls have gone ignored.

So with all of this said, I would like to know about the jurisdictional situation because I have no problem helping the company avoid eating all of the cost but I have a major problem being forced to pay. I am not a corporation but an average guy. Companies can take risks where the average consumer cannot in this economy.

I believe NJ will honor a judgement issued in another state. I would send a letter certified to the clerk of the court asking why you were not given the opportunity to respond to the court and asking how to file an appeal.

A final note, it was brought to my attention that the attorney they used to send me the Final Demand and emails regarding negotiating the mediation practices Creditor's Rights, Bankruptcy and Litigation. you would have had to sign the purchase contract in Nebraska for the case to be brought there. Which means that he violated the Fair Debt Collection Practices Act for filing a case to collect a consumer debt in the wrong venue.

As I said, you have grounds to argue against the case. But first you have to get it reopened. None of the rest matters until you do.

Well as far as getting satisfaction from the shipper without having bought insurance... you can forget it.

Been there done that... would have cost more to fight than the loss was. I had the issue with DHL that "lost" in in a distribution center... I mean how do you lose an entire freaking pallet anyway. And the shipper failed to insure it at replacement value so I only ever got part of it back.

Sueing would have cost me more than I lost... lesson learned the hard way on the insurance.

Realistically... they are holding all the cards... and don't have to accept a fraction... for all the proof they have you shipped a box of rocks the right weight that dissappeared.

Didn't say you did... I assume you didn't, just that people have done that before... and claimed someone enroute did it. Just so you know where any of their scepticism might come from.

And like I said... the Jurisdiction and court rulling matters only for getting a garnishment... but they don't need anything to turn it over to collections, and get it on your credit reports... they already have everything they need for that.

As I said, you have grounds to argue against the case. But first you have to get it reopened. None of the rest matters until you do.

Thank you. I will be attempting to resolve this next week. I also am going to seek damages from the attorney involved. He knew better.